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SunnyDayze
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An Overview of Psilocybin's Legality
#26491897 - 02/18/20 02:43 PM (4 years, 1 month ago) |
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An Overview of Psilocybin's Legality from champignonmagique.ca
An Overview of Psilocybin's Legality Updated: a day ago Until the legal availability of psilocybin comes about in Canada you can acquire psilocybin, and psilocybin products (like teas and micro-doses) from our Shop which offers 11 strains of dried mushroom, 2 flavours of mushroom infused tea, and 2 varieties of micro-dose capsules.
Psilocybin is the active psychotropic compound found in mushrooms of the Psilocybe genus (1), frequently referred to as “Magic Mushrooms” or “Shrooms”. The over 200 species that comprise this genus can be found growing naturally throughout the world on every continent with the exception of Antarctica. These mushrooms are one of the most commonly known and universally recognized psychedelics - substances that induce a profound altered state of consciousness and are beginning to be recognized for their positive effects on overall mental health, and the symptoms of many psychological conditions. Despite the promising research regarding their safety and efficacy as treatment for psychological conditions, and their long (not to mention safe) history of use by indigenous peoples, they are illegal in the majority of countries - with a few notable loopholes.
Psilocybin (the molecule) and Psilocybe Mushrooms are NOT synonymous from a legal perspective. Prohibition of the psilocybin molecule was catalyzed by the UN’s 1971 Convention on Psychotropic Substances (2), a meeting that aimed to suppress the rising popularity of psychedelic drugs like psilocybin, LSD, and MDMA during the 1960’s. The convention placed psilocybin in schedule I, the most restrictive category (defined as having serious risk to public health, with no therapeutic value). However the convention neglected to precisely define the legality of mushrooms or fungal mycelium containing the substance, and included a clause (article 32) (3) allowing nations to exempt certain traditional uses of substances from prohibition.
The convention neglecting to ban both psilocybin and psilocybin containing mushrooms was perhaps an unintentional oversight, and therefore left the decision to prohibit Psilocybe mushrooms up to member countries, many of whom applied differing legal interpretations and did not outrightly ban the mushrooms (although all agreed to prohibit the compound psilocybin). This discrepancy has led to multiple loopholes and a confusing double standard that is in need of clarification and rectification, especially now after promising study results regarding the substance.
This article serves to address these loopholes, and provide an overview of the current legal status of psilocybin AND Psilocybe mushrooms worldwide.
The United States
The American Psychotropic Substances act(4) lists psilocybin and psilocybe mushrooms in schedule I (defined as having a high potential for abuse, no currently accepted medical use in treatment, and a lack of accepted safety for use of the drug under medical supervision) however there are notable exceptions. It is legal in most states to purchase Psilocybe mushroom spores (for research and microscopy purposes), and legal to grow Psilocybe mushrooms in New Mexico (there is even a recognized religious group in this state which uses the mushrooms for sacramental purposes). Recently there has been a nationwide push for decriminalization, led by cities such as Denver, Oakland, Chicago, and Santa Cruz which have all decriminalized the picking and personal possession of psilocybe mushrooms and other entheogenic substances (with the cultivation for commercial purpose and sale of these substances remaining illegal). Activists in over 100 additional localities have initiated similar measures, while political figures like Andrew Yang and Alexandria Oscatio-Cortez have also declared support for policy reform around psychedelics.
Canada
Canada’s laws around psilocybin (the molecule) are mostly congruent with the UN Psychotropic Substances Act, however they classify the substance as schedule III (defined as posing some risks to public health in some situations). The legal landscape surrounding Psilocybe mushrooms AND psilocybin in Canada (and most other countries) is rather relaxed, it's legal to purchase spores and pre-inoculated grow kits, and illegal to possess dried mushrooms but laws are lightly enforced. Laize-affair enforcement has spurred the creation of many small businesses offering mushrooms and mushroom infused products online, with the most publicized case of this being pot activist Dana Larsen’s online Mushroom Dispensary (Larsen is also set to open a storefront in Vancouver Q1 2020). There is also a clause in the Canadian Controlled Drugs and Substances Act(5) (section 55(1) which exempts substances from illegality if medically necessary. A group of therapists in Canada (Thera-psil) have appealed to Health Canada for psilocybin to be exempted from illegality under this clause.
The United Kingdom
British law regarding the molecule psilocybin is consistent with the UN Psychotropic substances act, however up until 2005 the possession and even sale of Psilocybe mushrooms was fully legal. The Misuse of Drugs Act(6) amendment of 2005 rectified this discrepancy, and made the possession, sale, and cultivation of Psilocybe’s illegal. The UK now has more restrictive laws in this area than most other countries (perhaps a rebound effect) with the sale of mushroom spores and inoculated grow kits being illegal as well.
The Netherlands
Psilocybin (the compound) and Psilocybe mushrooms are both illegal in the netherlands, however many ‘smart shops' in the specializing in ethnobotanical products profit from one of the most widely known loopholes in the Dutch Drug Misuse Act(7). Fungi consist of two main portions, mycelium and fruiting bodies. The Drug Misuse Act lists Psilocybe mushrooms as illegal, however it does not include the mycelium of the fungi which also contains psilocybin. Mycelial clumps or “Magic Truffles, along with spores and inoculated grow kits are sold throughout the netherlands.
Austria
Austria decriminalized the possession of psilocybin mushrooms in January 2016. Offenders caught in possession of personal use amounts will have to undergo a free therapy instead of a trial. Cultivation is technically legal as long as the mushrooms are not intended for use as a drug. Grow kits and spores can legally be purchased, however the sale and possession of large amounts of dried mushroom is still illegal.
More countries listed in the link.
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endlessnessagain
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Re: An Overview of Psilocybin's Legality [Re: SunnyDayze]
#26491991 - 02/18/20 03:42 PM (4 years, 1 month ago) |
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Quote:
Psilocybin (the molecule) is illegal in Brazil, however Psilocybe mushrooms are legal to possess, cultivate, and distribute in all forms.
I'd like to see a source for that. AFAIK there is no law or official publication saying they are legal to possess cultivate and distribute in Brazil. The thing is that police in Brazil are mostly clueless about mushrooms so likelihood of you getting caught is small but if for some reason you did, I'd bet you'd have to go to court and have a big problem.
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SunnyDayze
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Yes, I didn't see any sources listed. I do know in Canada there are online mushroom stores popping up on the regular and there has been no attempt at shutting them down (so far). This reminds me of around 10 years ago when cannabis was being sold blatantly online and no attempt to shut them down either, next thing you know, legalization. I am pretty excited about this, I know some very reputable business people investing in grow businesses that should be on the TSX very soon, one already is (Yield Growth Corp). I'm waiting for Mind Med to come up. Compass Pathways and Trip Ventures next. :awesome nod: Canada has an advantage here (eg. the pot market) because our laws on drugs and alcohol are federal. The USA could get some shit done if the federal government would get on board with what the majority of it's states wants. Look how long it took them to take hemp off the schedule 1 list! As far as other countries go.....I don't know much about their laws. Interesting read though.
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lifeiswhatyoumake
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Re: An Overview of Psilocybin's Legality [Re: SunnyDayze]
#26492071 - 02/18/20 04:45 PM (4 years, 1 month ago) |
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USA would be the only country that is labelled orange and there is no orange label in the legend. Who knows where USA stands on the issue!
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SunnyDayze
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Good catch, didn't notice. I know it's still listed as schedule 1 though. Pretty contradictory when several cities are decriminalizing or in the process of.
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Psilosopherr
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Re: An Overview of Psilocybin's Legality [Re: SunnyDayze]
#26492319 - 02/18/20 06:58 PM (4 years, 1 month ago) |
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I totally forgot that that was going on in canada. Glad to hear the law hasn't taken action so far
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Enlil
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Re: An Overview of Psilocybin's Legality [Re: SunnyDayze]
#26492335 - 02/18/20 07:12 PM (4 years, 1 month ago) |
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To be clear, psilocybin is still a scheduled substance in New Mexico. Possession of active mushrooms is still illegal.
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Shiithead
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Re: An Overview of Psilocybin's Legality [Re: Enlil]
#26492583 - 02/18/20 10:04 PM (4 years, 1 month ago) |
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Huh?
-------------------- Ephesians 6:12 For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places. Psalm 12:6 The words of the Lord are pure words: as silver tried in a furnace of earth, purified seven times. Hebrews 11:3 Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear. Revelation 3:11 Behold, I come quickly: hold that fast which thou hast, that no man take thy crown.
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Enlil
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Re: An Overview of Psilocybin's Legality [Re: Shiithead]
#26492586 - 02/18/20 10:06 PM (4 years, 1 month ago) |
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The OP is not actually correct. It is not legal to grow or possess psychoactive mushrooms in New Mexico.
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Shiithead
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Re: An Overview of Psilocybin's Legality [Re: Enlil]
#26492592 - 02/18/20 10:13 PM (4 years, 1 month ago) |
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What about for religious rituals and ceremonies?
-------------------- Ephesians 6:12 For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places. Psalm 12:6 The words of the Lord are pure words: as silver tried in a furnace of earth, purified seven times. Hebrews 11:3 Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear. Revelation 3:11 Behold, I come quickly: hold that fast which thou hast, that no man take thy crown.
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Enlil
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Re: An Overview of Psilocybin's Legality [Re: Shiithead]
#26492881 - 02/19/20 06:30 AM (4 years, 1 month ago) |
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That, I have no specific information about. Given the inaccuracy of the article vis a vis growing, I wouldn't trust it about the religious exemption either.
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Shiithead
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Re: An Overview of Psilocybin's Legality [Re: Enlil]
#26492903 - 02/19/20 07:04 AM (4 years, 1 month ago) |
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Doesn't the first amendment in the Bill of Rights gurantee religious freedom?
-------------------- Ephesians 6:12 For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places. Psalm 12:6 The words of the Lord are pure words: as silver tried in a furnace of earth, purified seven times. Hebrews 11:3 Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear. Revelation 3:11 Behold, I come quickly: hold that fast which thou hast, that no man take thy crown.
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Enlil
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Re: An Overview of Psilocybin's Legality [Re: Shiithead]
#26492961 - 02/19/20 07:47 AM (4 years, 1 month ago) |
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Not exactly. The First Amendment has never been interpreted to invalidate laws of universal applicability, even if the law prohibits conduct related to legitimate religious practice.
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Shiithead
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Re: An Overview of Psilocybin's Legality [Re: Enlil]
#26494248 - 02/19/20 11:53 PM (4 years, 1 month ago) |
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Then how is it meant to be interpreted concerning religious freedom?
-------------------- Ephesians 6:12 For we wrestle not against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this world, against spiritual wickedness in high places. Psalm 12:6 The words of the Lord are pure words: as silver tried in a furnace of earth, purified seven times. Hebrews 11:3 Through faith we understand that the worlds were framed by the word of God, so that things which are seen were not made of things which do appear. Revelation 3:11 Behold, I come quickly: hold that fast which thou hast, that no man take thy crown.
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Enlil
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Re: An Overview of Psilocybin's Legality [Re: Shiithead]
#26494526 - 02/20/20 07:03 AM (4 years, 1 month ago) |
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The First Amendment has two separate religious freedom clauses:
The Establishment Clause - The government can make no law that gives a preference to any specific religion over other religions.
The Exercise Clause - The government can make no law that specifically prohibits conduct because of its religious connection.
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valiant
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Re: An Overview of Psilocybin's Legality [Re: Enlil]
#26502373 - 02/24/20 10:02 PM (4 years, 1 month ago) |
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They might legalize all drugs, the problem might really be dumb cops anyway. What does society do with the kids flunking out of school?
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